GOVIND SINGH Vs. KAMALA DEVI AND ANR

JUDGEMENT

(1.) This appeal, under Section 173 of the Motor Vehicles Act, 1973, has been preferred against the judgment and award dated 2-9-2004, passed by Motor Accident Claims Tribunal/District Judge, Chamoli, in MACT Case No. 37 of 2003, Govind Singh v. Smt. Kamala Devi and Anr.

(2.) The background facts in a nutshell are that on 27.11.2001, the claimant Govind Singh was travelling in Jeep No. U.A.-11-028 from village Kholai to Karanprayag. The Jeep was being driven by its driver at a high speed and in a negligent manner. When the said jeep reached near Karan Temple at about 9 A.M., it fell into a khud due to which a person has died and the claimant sustained grievous injuries. In the said accident ribs of the claimant were broken and he also sustained fractures on his hand and feet. He was admitted in Government Hospital Karanprayag from where he was referred to Dehradun for better treatment. According to the claimant he spent about Rs. Three Lacs on his treatment. The claimant filed petition for award of compensation of Rs. Four Lacs.

(3.) The Opposite Party No. 1/owner of the offending jeep did not contest the claim petition and the petition was heard and decided exparte against her.